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    • Hey hello, so as a reminder this is what I sent added in the (via Payplan bit):   "I refer to your letter regarding dated 20th January 2021 stating that the debt wasn’t statute barred on the basis that payment was made via payplan in August 2012 towards this debt.   I believe that the debt was statute barred before any payment was made and if payments were made to the debt it still doesn’t unbar a statute barred debt. I will await your response."   This is the letter dated 25 Feb they sent back which I just received, I didn't scan as its only a couple of lines and quick this way:   "We refer to our previous correspondence and note that we have not received your completed financial statement.   It is in your interest to provide us with enough information to accurately assess your circumstances, therefore if you have difficulty completing the form, please contact us on xxxx at your earliest convenience or seek independent advice from one of the organization listed overleaf."   I just checked if the letter I sent and it was received and signed for on 17/02.   Wonder if its a good sign, that unlike all the other letters I have received from them this doesn't have some sort of threat of action in a certain time frame.    Cheers     
    • They won't have offered you a course when they sent the NIP because they don't know who was driving until you tell them.   If you are eligible for a course they will almost certainly offer it - irrespective of whether you've refused one in the past.  If they do offer you a course, I think you'd be daft not to accept it.  (I understand many drivers refuse because they think they'll be treated like naughty schoolkids, but apparently it's not like that and most people find them very useful and learn something new.)
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    • Just about and card or loan clamform thread here You agree to mediation until the actual call on the day If by then you still dont have enough info to make an informed decision..you say no.   3 copies n180.  1 wit you
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Cobbetts Defence Received - ** WON **


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My first post!!! PLEASE HELP!!!

 

I've today received a defence from Cobbetts saying I need to provide Account details, charges information. Do I actually do this, some threads I've read say CPR Part 18 is not applicable to the small calims court (ie. under £5,000) and some say they have given the information to Cobbetts. I'm not sure what to do or whether I should just wait for the Allocation Questionnaire to arrive from the Court??

 

HELP, FEELING VERY NERVOUS ABOUT THIS NOW!!! :confused:

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just reply saying that cpr pt 18 does not apply to small claims etc

 

Cobbetts LLP

Ship Canal House

King Street

Manchester

M2 4WB

 

*date)

 

Dear Sir or Madam:

 

Claim No: xxxxxxxxxxxx

 

 

I acknowledge receipt of your defence & request for further information and clarification.

 

I anticipate that the claim would be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative

 

Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. However, for clarity, I confirm the charges I am claiming were applied to the following account:

 

Account Name: xxxxxxxxxxxxxxx

 

Account numbers: xxxxxxxxxxxxxxxxxxxxxxx

 

Sort Code:xxx

 

Amountxxxxxxxxxxxxxxxxx

 

 

Yours sincerely

 

xxxxxxxxxxxx xxxxxxxxxx x x

Won....:D:D:D...£3778.50

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Thanks for your fast reply and template letter which I will send tomorrow.

 

So should I still receive an AQ from the court? If so, I presume I do need to complete this?

 

:?

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Do not worry. It is just scare tacticts. They will also say in their next letter that they believe your case will fail in court. Of course they do not really believe that, otherwise they would let all these cases go to court instead of settling in the last minute. I bet the letter you have received is also a standard letter they send out to every claimant.

 

Remember when you filled out that spreadsheet to work out the interest, so you could include this in your claim? Simply print this out and send it back to them with the letter as suggested in this thread (you may have to slightly edit saying you are including a list of the charges). That should make it easy for them to see how it's all worked out.

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  • 3 weeks later...

Can anyone help me answer questions on my allocation questionnaire please, I've read the notes but am still not entirely happy I am answering the questions correctly:

 

A - Settlement - Do I want to give them a one month stay? - I GUESS NOT AS I'VE GIVEN THEM LONG ENOUGH ALREADY?

 

C - Pre-action Protocols - I've completed Part 2 (no pre-action protocol appplied to this claim) and YES, I have exchanged documents (evidence) to other party - IS THIS THE CORRECT ANSWER?

 

F - Proposed directions - What is a list of directions? It's asking if I'm going to attach them and if I've agreed them with the other party - I DON'T KNOW AS I DON'T KNOW WHAT DIRECTIONS ARE?

 

Other Information - Information to help the judge manage your claim - CAN ANYONE GIVE ME SOME INSPIRING WORDS PLEASE?

 

VERY VERY NERVOUS THAT I MIGHT BE GOING TO COURT NOW AS QUESTIONNAIRE HAS TO BE BACK BY TUESDAY 12TH SEPTEMBER AND NOT A PEEP OUT OF COBBETTS YET!!!!!!!!!!!!!!:(

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PLEASE PLEASE HELP!

 

I've just received a letter from Cobbetts saying:

 

It is out client's contention that your Particulars of Claim did not properly particularise your claim. For example, out client cannot properly defend a claim where you have not given your account details and the details of each charge you claim is disproportionate and unreasonable.

 

The Court is bound by an overriding objevtive to deal with cases justly and ensure that parties are on an equal footing. It was clearly the case that our client could not respond to your claim where you did not provide sufficient particulars. Our clainet there object to yoru alledgation that the request is intimidating.

 

 

I DID SEND THEM THE EXCEL SPREADSHEET LISTING WHAT THE CHARGE WAS FOR , DATE INCURRED AND INTEREST CALCULATED. AT THE TOP OF THE SPREADSHEET IT CLEARLY INDICATED ACCOUNT NAME AND NUMBER.

 

 

Has anyone else received a letter like this, am I going crazy or are they just trying to intimidate me further?!! HELP!!!!:(

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PLEASE PLEASE HELP!

 

I've just received a letter from Cobbetts saying:

 

It is out client's contention that your Particulars of Claim did not properly particularise your claim. For example, out client cannot properly defend a claim where you have not given your account details and the details of each charge you claim is disproportionate and unreasonable.

 

The Court is bound by an overriding objevtive to deal with cases justly and ensure that parties are on an equal footing. It was clearly the case that our client could not respond to your claim where you did not provide sufficient particulars. Our clainet there object to yoru alledgation that the request is intimidating.

 

 

I DID SEND THEM THE EXCEL SPREADSHEET LISTING WHAT THE CHARGE WAS FOR , DATE INCURRED AND INTEREST CALCULATED. AT THE TOP OF THE SPREADSHEET IT CLEARLY INDICATED ACCOUNT NAME AND NUMBER.

 

 

Has anyone else received a letter like this, am I going crazy or are they just trying to intimidate me further?!! HELP!!!!:sad:

edit.gif

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they tell us all that they dont have information of claim, even though we have all sent account number, sort code, and spreadsheet, write back acknowledging their letter give them account number, sort code and include spreadsheet with your breakdown of charges, then sit back and dont worry, it is just one of their scare tactics

CHRIS WATKINS

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PLEASE PLEASE HELP!

 

I've just received a letter from Cobbetts saying:

 

It is out client's contention that your Particulars of Claim did not properly particularise your claim. For example, out client cannot properly defend a claim where you have not given your account details and the details of each charge you claim is disproportionate and unreasonable.

 

The Court is bound by an overriding objevtive to deal with cases justly and ensure that parties are on an equal footing. It was clearly the case that our client could not respond to your claim where you did not provide sufficient particulars. Our clainet there object to yoru alledgation that the request is intimidating.

 

 

I DID SEND THEM THE EXCEL SPREADSHEET LISTING WHAT THE CHARGE WAS FOR , DATE INCURRED AND INTEREST CALCULATED. AT THE TOP OF THE SPREADSHEET IT CLEARLY INDICATED ACCOUNT NAME AND NUMBER.

 

 

Has anyone else received a letter like this, am I going crazy or are they just trying to intimidate me further?!! HELP!!!!:sad:

edit.gif

 

Your thread title says another letter from Cobbets - do you mean this in general oor is this another letter you have received from Cobbets, after the defence and CPR18 request?

Consumer Health Forums - where you can discuss any health or relationship matters.

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Doh!!!!

 

I have just posted the exact same thread Re: letter from cobbetts. I have the exact same letter this morning.

RBOS: Fob off letter recieved 28th June.

LBA for £2,690 & LBA for £3,240 sent 1st July. Replt to LBA'S recieved 14/7/06......fob off again!!! watch this space

:lol: MCOL submitted 19/07/06 :cool:

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Thanks for all your replies, looks like they are just sending out the standard letter which makes me feel slightly better. I will acknowledge the letter and send them another copy of the charges and account details.

 

I need to return my allocation questionnaire to today, can anyone help me with my queries in my other post (Help with Allocation Questionnaire) please?

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I have recieved the same letter, seems like its just a scare tactic.

 

That makes me alot happier.

 

Here is the link for my thread: http://www.consumeractiongroup.co.uk/forum/natwest-bank/9054-logan-natwest-2.html#post230831

If I do give you advice please be aware of the following:

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

03/10/06 - NatWest Claim Settled in Full to the amount of £2344

 

09/10/06 - 2nd Natwest Claim - Pre Lim sent | Halifax CC S.A.R - (Subject Access Request) Sent | Natwest CC S.A.R Sent

 

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Thanks Logan21 - Would you be able to help me with my queires on my Allocation Questionnaire, please see above in this thread. I see you have already returned yours.

 

Any help would be apprecaited?

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If I do give you advice please be aware of the following:

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

03/10/06 - NatWest Claim Settled in Full to the amount of £2344

 

09/10/06 - 2nd Natwest Claim - Pre Lim sent | Halifax CC S.A.R - (Subject Access Request) Sent | Natwest CC S.A.R Sent

 

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A grey area as to whether you are required to do this, but it is certainly best practice.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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I didnt bother send it to them, but i Might advise them that I have submitted it when i send my letter tomorrow.

If I do give you advice please be aware of the following:

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

03/10/06 - NatWest Claim Settled in Full to the amount of £2344

 

09/10/06 - 2nd Natwest Claim - Pre Lim sent | Halifax CC S.A.R - (Subject Access Request) Sent | Natwest CC S.A.R Sent

 

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  • 4 weeks later...

Cheque for £6,000.00 received on Saturday morning, payment in full!

 

Now going to start my claim against Natwest on my No. 2 Account!

 

Thanks very much to everyone on the site for their help and advice, wouldn't have done it without you all.:):)

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